Who is actually required to send out the newly "required" Wellness Program notice?

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​Not all employers offering Wellness Programs are required to distribute the newly required notice.  

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New rules published on May 17, 2016, under the Americans with Disabilities Act (ADA) require employers who offer some wellness programs that collect employee health information to provide a notice to employees informing them of protections afforded to that collected data, including:

• what information will be collected
• how it will be used
• who will receive it
• what will be done to keep it confidential

But, not all employers offering Wellness Programs are required to distribute the notice.

When is an employer required to distribute a wellness program notice?

• If the program is just an online HRA that the employee can opt for on the carrier site, with no incentives for participation - the carrier will be asking for a "sign off" at the time the member enrolls. No need for the employer to do anything.
• If the program is an incentive from the carrier for either filling in an HRA and/or completing biometric screening – the carrier will provide a notice for the employer to distribute to employees (and dependents if applicable).
• If the employer is offering the incentives, such as a bonus, lower premiums, wellness coaching, etc. - the employer must provide a notice to employees (and dependents if applicable).

Need a sample notice?  We're offering one for free in February!

TBA has created a customizable, sample Wellness Program Notice that employers with applicable programs can distribute to their employees.  Access ours for free for the month of February using the code FEBFREE (sign up required).